Santa Rosa conviction overturned under "stand your ground"


  • May 13, 2015
  • /   Staff Reports
  • /   government

A Santa Rosa County case is among three in Florida overturned Tuesday by an appeal court because of conflicting jury instructions about a duty to retreat during violent altercations.

At least two of the men argued that they acted in self-defense under the state's controversial "stand your ground" law, though all three cases involved similar issues about jury instructions, according to the rulings by the 1st District Court of Appeal.

Timothy Donald Helton will receive a new trial based on the court's ruling. Helton was convicted of aggravated battery in Santa Rosa County in 2011. The other two incidents involved cases in Duval County.

A three-judge panel of the court found that "the justifiable-use-of-deadly-force instructions given in (the Michael Tramel) case inconsistently provided that Tramel did not have to retreat before meeting deadly force with deadly force if in fear of death or great bodily harm and did have a duty to try to retreat before using deadly force if in fear of death or great bodily harm."

The appeal court ordered a new trial for Tramel on an attempted second-degree murder charges. Tramel was accused of stabbing another man during an altercation that started at a cemetery during a funeral for Tramel's half-brother, according to the ruling.

Also receiving new trials will be John Swearingden, convicted in Duval County of second-degree murder in the stabbing of another man during an "alcohol-fueled argument over a woman."

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